Kumara v. The Mayor, Ratnapura Municipal Council and Others – sllr 2003 volume 1 page 383

In the case between Kumara (petitioner) and the Mayor of Ratnapura Municipal Council and others, the court addressed whether the Mayor’s undertaking to allocate shop No. 41 to the petitioner should be enforced, and the scope of the writs of certiorari and mandamus regarding a failure to perform a statutory duty. The court held that, although the petitioner surrendered his original premises on the Mayor’s promise of allocation in a new shopping complex, there was no basis to interfere with the Court of Appeal’s dismissal as the undertaking remained open to be honoured. Special leave to appeal was accordingly refused without costs. The principle reaffirmed is that the discretionary relief by way of special leave will not be granted where the relevant administrative undertaking has not been b